News

Young woman sat in meeting with another woman, paper forms in hand.

Mental Capacity Assessments: Face-to-Face or Remote?

17 November 202530 October 2025
Mental Capacity in Practice

During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.

Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.

What is an Advance Decision to Refuse Treatment (ADRT)?

3 November 20256 November 2025
Mental Capacity in Practice

The Mental Capacity Act (2005: 24) defines an Advance Decision to Refuse Treatment (ADRT) as: a decision made by a person (“P”), after [they have]… Read More »What is an Advance Decision to Refuse Treatment (ADRT)?

Elderly woman walking outside in garden with the assistance of a nurse

CQC State of Care in England Report, October 2025

27 October 202525 October 2025
Mental Capacity in Practice

On the 24^th October 2025, the Care Quality Commission (CQC) published its latest report on the State of Care in England, which highlights areas of good quality practice and points of concern that require improvements within the health and social care system.

Retaining information: man looking out of window

Cheshire West: back in the courts

20 October 202520 October 2025
Mental Capacity in Practice

This week, the Supreme Court (UKSC/2025/0042) is considering a submission by the Attorney General for Northern Ireland, addressing the following issue: Does the Minister of… Read More »Cheshire West: back in the courts

Elderly man resting chin on his hands, looking pensive and lost in thought

Liberty Protection Safeguards – Movement at last?

19 October 202519 October 2025
Mental Capacity in Practice

There has been many calls for the Mental Capacity Act’s Code of Practice and the Deprivation of Liberty Safeguards to be updated. The system as it stands today is extremely outdated – some would say broken – and is in need of urgent change in order to protect vulnerable people from harm.

Two women sat at a table having a meeting.

Best Interest Decisions in everyday practice: Part 3

28 April 202512 April 2025
Mental Capacity in Practice

In the third part of our blog series on Best Interest, we look at the various stages of consultation required, and how to review the information gathered.

Elderly mother and daughter walking in park. Mother uses walking frame, while daughter helps support her.

Best Interest Decisions in everyday practice: Part 2

21 April 202512 April 2025
Mental Capacity in Practice

Following on from our blog on the Best Interest Decision process, in this blog, we look at the role of the decision maker, and how they are identified. We also consider ‘viable options’ and what circumstances may be relevant to the decision.

Best Interest Decisions in everyday practice: Part 1

14 April 202514 April 2025
Mental Capacity in Practice

A Best Interest Decision is the step that is taken if a person is found to lack mental capacity for a specific decision at a specific time. It is not a single action, but rather a dynamic process that aims to uphold the individual’s rights, keeping their thoughts, feelings, beliefs and values at its heart, while also consulting with all relevant parties to weigh up the viable options.

Out of focus woman signing an important document.

What is litigation capacity and why is it important?

7 April 20255 April 2025
Mental Capacity in Practice

Litigation capacity is a person’s ability to conduct legal proceedings. It is a dynamic and longitudinal process, requiring active understanding, retention and use of salient information to weigh up related decisions and give direction to a legal representative.